The Sun. — London, England, 1809-07-28 00:00:00

Ld-iP REPORT. COURT OF CHANC LY 26. The and last'Seal commenced this day. BARBER V. SANDERSON. Sir SAMUEL ROsitiLy, on behalf of the Plaintiff, moved for an injunction to restrain the Defendant from making use of ap . invention • for which the Plaintiff had eataioed a. patent, being an im:.roved method of w orking whit is 'herein called the double looped stocking witch.. A Bill had been filed be -1%4 een the . present parties upon this- very subject, and an issu i:irected to try their riAtts and, tydn toe- ilia:, of that action, the Plaintiff . had a verdid. Howitver, the Detllntlant immediately after adver tised; in the Nottingham NeWspaper..c '(lle being there re.oden , ), than he had fUlly obtained' his object tria.l, and was ready to aup'ply the trade with tirtich•, as usual..- otmerVed by Mr. HART, on the same side, t . it it the Defendant had gained his objea by - verdict . ott the . lOW being a;ainst _ him, the g:.;“ , ting the present Injunction make his ft) rtwre. he hole was granted, calling on the Defend ', ant to sneW cause wily the Injunction should not issue. _ -A like Rule was granted., against four other pe foldatits,.for a like violation of tote - Plaintiff's pa tent. HARMER V. PLANP. Mr. RICtiAriDS, for 'the Defendant, moved that the case toade in this cause, and sent by this Court for argument and ,consideration in the Court of King's Bench, should be sent back tor the re-consi deration of that Court, or else sent for argument and considerati( n to the Court ot Common Pleas, • upon the toliowing grounds :—The Plaintiff had filed his hill in the cheacter of a patentee of a ma chine for raising a. nap upon, ynd cutting and shear ing cotton and coarsti woollen cloth 4, against the Derendant; tit: invasion ot; his patent. Upon the motion for ahe.lojundion, a case, was agreed upon Of the following - tads, fir the purpose of getting the opinion of the Court of King's Bench, as to the conclusion to be from them. In the year 1787., the Plato. - ifrobtained a patent, 'as for an ori ginal invention, *and, und'er the conditions of - it, duly registereo the specification of his invention. In the year 1794, he ptheuted a second -patent for cer tain imprdveoents he 'had discovered and Made in his original.machine ; and, in like manner; in due time registered his• second specliCation ; and. the quesiion ne , de tor the di.•cision of a Court of Law was—Were the improvement; suf iciently . set out as required by the patent; • they not beitig specifically detailed, but only to be distinguished :by reference to the Specification tinder the origitral patent ,? Upon the argument of this qqestion in the King's 'Bench, that Cunrt certified' that, ffi u the second specifi cation was s 4 citailly explicit, neer the terms of the second , patent. It was. nosy contended toz, the Defendant, that the contrary was' the right Condo , - Sion, and therefore lot wished to , have it either sent back for !e-consideratio - o, or to the Common .Pleas for their opinion; and lie was ready to be finally concluded by such determination. Mr. Wetherall, who argued the • case in the King's Bench on the part of toe IXtendant, re-stated the grounds of his resistance to the Validity of the specification, that ' the improvements were required not merely- to be discoverable by reference to, and comparison with, the original specification, but 1114 they should have been sptcifically discovered and distinguished by the patentee, marking what was new, as contra-distin gthsited from t hat was old. If such a-reference was allowed in the case of one improvement, it might be equally solo a second, third, or fourth, and so on; ad inf,nitain, to - the attainment of that confusion which was often the objea -of patentees, for the purpose of pre entingo he world at large of knot}' ing ' total impiovetnents they were entitled to make use of, and wit ttnot. The Loan CnANcEr.t.ort did think it necessary to call on the Counsel for the Plaintiff to resist the mo tion. This Court, in making its decisions, was not bound by the opinion of a "Court of Law, but proFieoed upon its own ' judgment ; however it might wish to be assisted in its decisions by the opi nlo. s of other Courts ; thinking, as he did, the de= cision ot- the Court of King's Bench to be perfealy righ', and supposing the Cornnioti Pleas, if the case were to be sent thew, should be of an opposite opi nion, he should have to decide between two oppo site judgoatiintS. If, on the other hand, he were to send it back to , the King's Bench for re-argumerit, aiid re-consideration, and that Court should happen to rc.erse their former opinion, be certainly could 'not agree with such a decision ; and, therefore, no good- could arise from granting the motion. There was; however, a mode y which the question might be finally put at rest between, the 'parties. Let the , ,--Detendant move to dissolve - the injunCtion, which ito iAbold refuse, stating, as - his reason for' such re fusal, his argument in the decision of the Court "of Bench ; and then die Defendant might go to tie House of Lords fot , their - decision on the pro: priety of his judgment. Mr. RICHARDs took time Co consider'what Course it tt.ight he expedient for the Defendant to adopt'on the occasion. , LEL INYN AND OtHER.S V. BRIDGEMAN AND OTHERS. Sir SAmo,EL ROMILLY applied tor a Rute, calling on-the Lltlendatits to shew cause why they should not b e restrained blr the injunction of the Court; from ,eying and disposing of work; alleged by the Plaintifkty be a piracy from The Abr,idgment of the Law. o f Nisi, Prigs, compiled originally by the litaintitf, th'e\ alteratious from which were only in inildttrial instances ; but The copying,of which - was so close as to contain the very rhistakes ot. the - COURT , —" Take the orier." MORRIS V. COLMAN, Sir S. ROMILLY a . on . the part - of the Plaintiff, moved for leave to produce additional affidavits, for the purpose of shewing mistnanagement -in the alfalfa of the Haymarket. Theatre ; - and added, that Mr. Colman had _thought fit to withdraw one of his pieces from representation, which .had :very much tended to diminish the profits of the concern. ./The Lo Kn CHANCELLOR appointed the further heating in the cause to stand for ; I.Vonday next. CLARKE V I . BRIDGMAN. Sir S. RomILLY said, that the- Plaintiff tad pub lished a work on the law of Aisi whtcb had been literally copied in another published by the De fendant. The Learned _Counsel read a variety , of passages from the two works, but even the very er rors had been transcribed in this case; and concluded with moving for an injunction to prohibit the de fendant from cotitinuing,the sale of his work.—ln junct ion granted. - • In the case of the Attorney-General against the Cooper's Company, on the relation of Mr. James, the Schoolmaster of the Conpany's School at Eg ham, an InjunClion was also grated to stop certain proceedings of the Company with regard to that school. PLAGIARISM. SEGWY:SY V. ITOLLINGSWORTU. Sir S. ROMILLY- applied for an injundion in this. case 'against' the Defendant,,, to restrain' him from publishing .what, was alleged to be a pirated edition of Selwyn's Abridgment of the. law of Aisi . Prius.. He read from his brief several particulars 'from both works, in order to spew that the one had been co -pied from the - other. There, were triiling variations, but these - were evidently introduced asa miserable at tempt to make a difference, such as—instead of " a person. brought an a6lion," " a man brought an ac tion," &c. To prove the piracy still more satistac lorily he: stated that some- mistakes in the original 'work had been, faithfully tollowed,in the pirated edi ' tion, &c. The Loan CHANCELLOR having looked at both works, said that there was a difference in one I art, but that the Plaintiff was entitled to have an injunc tion as to that 'portion which evidently appeared to have been pirated.--In uriel ord6red , accordingly, COURT OF KING'S BENCH, THE KING V. ROBERT COWPF . R. The iTORN BY-GENER L-i - noved the judgment of the Court on the Defendant, for assaulting violently an' Excise Officer, as he was going upon his duty, but not aEtually on duty, on the 25th of June last. It appeared that the Defendant had hatboured some millicesagainst the officer for having formerly seized some smuggled goods of . his. Mr. MattaiATT spoke in mitigation, and the AT -TO: REY-G ENER AI. in aggravaion Of the sentene of the Court, which was afterwards pronounced by Mr.J4S l Tics GROSE, ". That the Defendant do pay to :the King a fine of tol. do enter into for his good behaviour for.three years, hinistilf in tool. and two sufficient sureties in 501. each, and that .he be further imprisoned until such fine be paid, and such security be given ;" with which he complied irnmediately, and was discharged. THE KING V. JANES PATTER. i • The ATTORNEY-GENERAL moved the judgment' of the Court on the Defendant, who had been tried and conviCled before Mr. Baron Thompson, at the last Assizes at Exeter; upon an inditiment,,charging 'him with the offence of aiding, abetting, and assist ingthree French prisbners of war, upon parole of honour, to-escape. It - appeared from the report of the trial, that the Defendant had first taken the mo ney•of these French prisoners ,of war, under pre 7 -tence of effeaing their escape, had taken them up and down Devonshire under . pretenco of ac complishing that purpose, but 'in Irality to cheat them out of all their. money, which he did most effeEtnally ; after whiCh tht'y were appre hended at a farm-house, and brought back, again to" • • The ATTORNEY-CENERAL said he hardly knew how to address the Court •on this subjeti. The baseness of the conduct of the Defendant aroused as much indignation in the mind as was consistent with the contempt which must be entertained of the crea ture who had been guilty of ir. Here were enemies of this country, taken at the ex pence of our own blood, andsupported out of fr own treasure,aided in tl;eires cape, or rather taken away from the place in which they were prisoners of war, With a view,. as they hought,-to be enabled to fight "u 4 again but with a view, on the part of the Defendant, only-tO make them commit a crime, in order that he' might . rob them of all their . money. He could not conceive any thing "that could be at once so atrocious . , so base,• and so conteruptible. This Defendant had contrived to be as treacherous to, the Frenehmen as he had to his own country. The Court would un derstand that this miscreant had already been in cus tody six monos.- Mr. Justice GROSE expatiated on the offence of which the Defendant had been found guilty, - observ ing, that although it was not high treason, it came as near to it as any misdemeanour could - do. Tfie sentence of the Court was, that the _Defendant be _imprisoned in'Exeter jail for two years \ and thou dis charged. wll ieh had been mocli, cenAltk4„in wasit possible teat they might, through ini,inforrna soni6times have instituted sore frivolous, or, possibly, vexatious prosecutions ; although be was by no means to be understood to say that they did so.—' But however much 'that Society may,be traduced for some of its prosecutions, for the present they were entitled to great praise,l)ecause this offence Was one of ,the most - atrocibus and abominable that could ever be committed against - the general interests, of human society ; tor it tended -to the pro pagation of vices that diappointed the otili-rot na ture, and - which made Many lrutro,..n &Op into their graves in youth, who alight ctfierwise live to be orey 'headed. The vice of which the De fendant 14-rd beenconVided was most detestable ; and yet, detestable as it was, his prosecutors would not have prayed judgment against him (for wicked as he was,there were ot hers still more NV icked,atid t here was a nest of them who dealt in those detes - table prints, by - wholesale (if he had disclosed ' the mime of his employers ; but that, although repeatedly request ed, and upon promise of immunity,' he had pt-r -versely refukd to do. Here; therefore, justice to an ithulted pUblic demanded on him-a 'severe pu nishinent. . Mr. -Justice GROSE expatiated on the horrible de pravity of the human heart, that could assent to the commission of a crime so atrocious as that ‘chich was now before the Cdurt, and on the dteadlul'ef, feCtsto be expeEted in society, if the hands Of -jus tice were not sttong enough to I;revent it ; for it at tacked youth before reason was armed with hstrength, sufficient to control or ,to dire& its a6tions; or to . foresee the. dreadful .effects of such vices as were by such exhibitiOtis exclted, Which struck at the root of 'every virtue in _the human chargler, by rendering fannliar_the most depraved vices which the human iMagination could invent, for purposes the most dia bolical. It such pradices as these of which this de fendant had be iuund guilty 'were not effectually checked, ;parents could not, in safety, suffer their children to pass along the streets of this mighty me; tropolis -in their daily pursuits of industry. For, these reasons the Cuuri approved highly, in this instance, of the conduct of those wha instituted this pro-ecution, The sentence of- the Court upon this Defendant was—That for this offence he be impri soned in the House of Cotrection in' the' County of Middlesex, and there be kept to hard labour for two years; and that during that time, he, do' stand in and upon the pillory at Charing-cross for one hour, between the hours uf t welve at noon and two in the afternoon.- oflkiecordibg to the rulet of law, however severe:;; they tnitsht press upon the individual_ against•wl:use interest they were decided . .—gule discharged. POLICE. t , rrIATTOU-Gtik nEN .---Y eSierday _Vary " P reston. g 'pregnant young . woman, calling herself the v. ife - ul• abobletnan's butler, was charged by Mr. Williamson . ; of Hampstead, with coming to his bowie (where she lodged a day and a night), saying that she was employed by Lady Somers and Lady A.Campliell to' pttemre loci i,rig.s for them. In the course of the.. day she Contrived to Dive the house privately,-tak, 7l tug with her Sheets; counterpane, pieces ti m.us 7 ,, lin, which she wrapped round her body. She was, overtaken 'in one - of the Ilantojtead stages, ak:. Kentish Town, and t back. BeiligTsearched Read, the' officer, a - number of room keys were. tomtd, coi:cealed in the sleeve of her gown,. for the purPos,t) of opening room, in any house_ where She inignz pretend hire lodgings for otalted cliir . a.ters.. The - goods of Mr. Williamson were` found tied ima,blw.,.. die in the seat of the coach where she sat, which being sworn to, she was 'fully Columned tor trial; but is to be brought up again upon fresh evidence. Margaret Herring, servant to Mr.Gascoigne, pub lican in King's-stiee..t, Bloomsbury, was dialled with continually robbing. him Of wearing apparel, spit it,, money, &c. She likewise stands:committed for tri but will be brought up again upon - further evidence. NY. Wells, C. Miller, and Andrew Walkinshaw, drovers, were charged on/ saspiCion of divers robbe ries about Islington fields. They Were -Committed , for re-examination. The neighbOurhOod of Christ Church, Black. friars . , was, nearly the whole .6( yesterday, kept in a state of tumult, in consequenw'of the following circutu; , stance:--4n old woman,-.who had attended the in '. neral of a man who died of a cowag,ious f / ever, and who'was buried on Sunday last, in passing the grave_ yesterday Morning; imagined she heard a - groaning; and calling out for assistance, : iisuitig from • it, and the impression was so strong that s she,abitally ed away on the spot. When she recovered, she dared what she imagined she had heard ; Whith coming to the koot.vledge of the Parish Officers, she was sent to the watch-house; m-being the occasion of creating •a" mob. The 'Clergyii:an, Sexton, and whets, attended on the spot, aZid assured the pi! pie that it Was impossible the man could• hare bet; buried alive, and that it was nothing more than,au iclls tale ; but_notwithstand;pg all stiO exhortations,, the crowd continued the whole of the day; TIA people mach wished im'llave the - grave opened ; _hoc, this was represented as extremely dangerous, otviog to 4be - tmin having died Of a contagious fever. • account for the noise by••stippo,ing it proceeded trotn a man confinedin the: contignons - wafch-howie ; while - others suppoSe it to have' been the unlucky exploit. of some ventriloquist passing that way. EFFEI":TS OF THE LI&HTNING.-011 TlieSday night as one of the liatheoiches was travelling nee Coin brook, the leaders took fright at the vivid lightning, beCatne onminegeable, and started off at full speed, I in - spite o 4 the endeavours of the coachman. alio, vehicle was upset, And literally sitatte'red in pieces... Nine persons were seriOubly burl, and a female pas senger died Of. her bruises, on bring conveye4 -to HounsloN.4;. About tv.y:rnits from the4iatnct spot a -rot- m w*kii•leki in-alitue;by a cart turning ovcr, the animals having,also plimeed out of the road, Sonic' other accidents happened on , 'Wednesday evening, its' and about he, Melt - 01)(1ns a poor laiLourer of the,7 name of FurniSS,'waS 'struck blind at ten o'clock, in,_ the King's--road; Chelsea; *hil4t going . home With his two children. A house belonging to Mr. Tame, THE KING V. EDWARD RICH. Mr. GArtitow moved the judgment of the Court on the Defendant, who had been tried and convicted before his Lordship for selling obscene and aboinina ble prints._ Lord ELLENBOROVSA reported the trial by which it appeared that James Weston, a clerk to the So ciety for the Suppression of Vice, .whose office is in Essex-street, went to the Defendant, and asked him whether he had any of the prints which he described. He said he had, and immediately took from out of a stall under a public-house window, several of the des- cription, and sold them at very low prices to the 'witness, observing at the same time, that he knew where to get others, but they would come high, of peculiar excellence in that way, and made en ap pointment with the witness to bring them to him, which lie did accordingly. Lord Eliehborouglilie ob served, that these abominable pictures were shewn to the Jury, which answered the purposes of public justice, without being exhibited openly in Court ; and when they.were shewn to the Jury; they were struck as it were with an ,ele&ric shock of hor ror.---4.lpotx which the Defendant was found guilty: To-day he had no, Counsel; but he gave in ape titian to the Court, complaining of being entrapped in the sale of these' odious.prints by the person who appeared in evidence against him, and the❑ followed many fine sentences .on the qualities of mercy to Tenitent sinners. &c. Mr. GAitaow addressed•the Court for the prOse cution,,which he admitted had been instituted by the Sneiety for_the Suppression of Vice ;.^.l-.3 Society . • LONI)9N : PriLttcl by RICHARD HARRIS, of Ko, y, litartlett:coutt, iketv.street ; and I Wished - by WILLIAM Alt MIGL it SCRII - TS, South Mit o n. s treet, f; rc . At the SvN-OpricE,, No. Strand; Advertisematts, Orr:ers for the J'aper, Lettal for the Editor ) , &c. (pose pair), must by addressed. THE KIIk:G V. ROBERT JAQUES. Mr. COMMON SEH•JEANT said, he was instruCted to move, that judgment might be - arrested in thrs L ~se, 'The Court asked what the case was, for none of the Judges reco;leaed it. • Mr. GAB HOW said' Lord Ellenborougli could have no report a it, for it occurred before his LOldship was•on the Bench ; it took place 15 years No, dur ing which time Mr. Jaques had ['pen in America, but, as he udderstood, had returned,lately tosct a Bank in tilt: orth of England. The CoumoN SERJWANT said, that the Defendant had been convicted, about 16 yearsago, of wilful and ,corrupt perjury, on the oaths of George Law and others, and the subitance,- of the objection which he had to the couviCtion, and on which be ground e d his motion in atTest,,ot juggtnent, was, that it did not properly . refer to the matter of which it com plained. Lold ELLEI4EOROUGH.-I'he Court wilt give you a rule to spew cause why judgment Sliou:d .not be arrested ; but the Defendant must stand committed. The CDMMON . SERJEANT said, that notice had been _ . _ given .to the Prosecutor that this motion was to be . in Poland -street, was set on fire hy the lightning ; it made, and bail was ready. . i (»tin Sted in-the - second floor back-room %,V here tuna ~ Lord ELLENBOHOUGII.—" There are chargeS • children were asleep, but - fortunately was di.icever , enough in the indiament to support the couvn'Aion, : ed in time to save the children," and to subdu, tit and the want only of words of reference is what you flame's, alter Ih'',Y had destroyed the room ! stand upon in your motion in arrest of judgment ; • --W..dnesd.ty morning the-lightning entered - a bed and: therefore this is not a ca-;e ~ vhich S lauds before chamber ao a small house. at Claphain, and set - 4he the Court with a recommendation to dispens e w on curtains in a blaze. Before a boy who slept in 11;e the ordinary rule of the Court, which is,. th a t t h e . bed could escape, he was badly scorched. The far- Defendant should stand committed,” . 1 . . niture• and . other article's i'n the apartment were Ae stroy ed " and the house would have been consul;,cd, Mr. GArtaaw.—" This matter is 16 years add ; . we should have time to, look at . the record. The had not the greatest exertion been rnade. to ex t in. Defendant is not to come into Court on a sudden, guish the flames. The lightning flashed in the mot . and upon half an hour's discussion to walk out of it • awful manner, and much injury has been d o ne w est again. He will do as little miSchief in custodv as of" London to. barns and hay-stacks. out of it." _Last, week .an accident, happened .on board ' the , Lord ELLENEOROUGII.—" Let tie .Defendant : five, oi that ship was West mavnig from' the Bason in the-t Indiamart, Captain DESCHAMkS:,•ai • , stand committed, and bring on the subject as soon as . you can, Meanwhile ret us have copies of the in- . port Dock, a blaCk man, Thomas M.mby, cornnsot4, diCtinent.---Take a rule to shew cause." , called Sampson,•belonguig toJOAHANN DENKY,'Esq. BOYDELL, ESQ. V. DRUMXOND, ESQ. lof St.' Thomas's, and a seaman on Ward -the said ship, . fell from 'the mails-top on an iron stauCheon on li t e_ This Was a rule calling on Mr. Drummond the ~ qua rter-deck rails, and dropped overdoard and sunk : a banker, to show cause why there shoUld not be a few minuteS -afier his body was 'brought up by a nets trial in this cause. It W . a 3 an aElion brought by .grapline, and landed. Medical. assistance was ito- Mr. Boydell, the representative of the . late worthy ineliarely procured, and. he Was carried to f-Lrrovi Tavern in Poplar, where he e x pi re d s h ort l y a f te r. Alderman, against Mr. Drummond, fbr not taking A Coroner's Inquest sit on th e b o dy, an d returne d all the 'remaining, after having taken two of the sets of Boydell's Shakspeare. The etefence Set up at the a verdict of---Accid u t a l .D ec ah. 3:a . trial was, first, that the signature to the subscription j trictrw.—On Wednesday night as the watcll was not the writing of-the Defendant ; --hat -Was man,was going h's ronndS ht the New-road, at It l overpowered by evidence=--next, that he w: , as not of o ' c lo c k, lie disenved a gent e el min f as t e ni n g a age at the time of entering into the contraa4 that rope to . a l amp -i ron , an d o n int e rr,gmi ng hi m , be was overpoweted by evidence also—next, that the g,iv c • evasive answers and departed. At 4 o'clock , writiog- was void for want of-a stamp ; that w..is re-- yesterday ' morning,. the same person wa s f o .,nd served—next, that it was ' void by the:. statute of - haoging in a field leading from the Harrow-road to. frauds, because the 'contract was not in writing, Worw,,vood Scrub-. He turned our to be<a Mr. and the contra& was not to 'b e p er f orme d within Soul!, lately a merchant in Devonshire, which- iii:r a year ;., t hat • was reserved also;--lastly, the sta . ' - had left in embarrassment a mouth si nc e, a nd tahev tute of limitation, upon which Lord Ellenborough aparithents in l'ortland4oild. found himself bound to nonsUit the Plaintiff, : be-. cause the 'corm-ad being entire, had reference to the .j commencement of the work, and that was • much J e . „ CR 4VJASEND., -JULY 26.. • more ,than sx years before the anion was brought. Arrived—th 1? tilger, KaV4nna4ll, loi Pensa c eil ; aw l tilt' Upon this the Attorney-General obtained a ilile or - Tqvu Isr..:theib, cette,, from Liown. • , a new trial ; and after the case had been most ably, ...N " argued by Mr. Park, Mr. Holroyd, and Mr. annpier, against the rule ; the Attorney-General, Mr. Gar- - rOw, Mr. Marryat, and Mr. Holland, in support of it, the Court was unanimously of opinion that this ac tion could not be maintained, because the perform- : _ ance of• the contract could not take place within a ' , P R ICE 0 F's•TOCKS ' IlaT:k Stock, 2601 Yf.STERI4A Y. year, and the contract was not in writing, as re india Stock, (paired by the statute of frauds. Mr. Justice Le N 1.,,, ; 1 ,, ci.,,,, " ,6t 0 i 9p . it,tia;ords, 195. 2os. pr. Blanc lamented that the case should turn upon,a ~..: Ornnium, 1 pr., 11( s 4 4 i point which was unconnrCied with either its Justice 4 ; p F e e r r ~,t kco 63 al , I mperidl 3 per Cent. or its equity ; however, %Oen parties chose to avail 3 Per Cent. Coos - . by i4i Diao Ann. • ' themselves of points of law, they must be dispost'd .. iLink L. Am. 18 „-i&tats i Coils. for A •g, 681 f I SHIP E If'S L . DIED. ()I) th? r3th inst. at , Aberileen, Bai Peter Duguid, aged to n Wednesday sennight, at Dublin, Richard Lard Vl*" count I.4owercciurt.